Eddy v. Kincaid
Oregon Supreme Court
Appeal from Marlon: H. H. Hewitt, Judge. This is a proceeding by mandamus to compel Harrison R. Kincaid, who is secretary of state, to draw a warrant on the state treasurer for the balance of salary alleged to be due James B. Eddy as railroad commissioner for the quarter ending March thirty-first, eighteen hundred and ninety-five.
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Appeal from Marlon: H. H. Hewitt, Judge. This is a proceeding by mandamus to compel Harrison R. Kincaid, who is secretary of state, to draw a warrant on the state treasurer for the balance of salary alleged to be due James B. Eddy as railroad commissioner for the quarter ending March thirty-first, eighteen hundred and ninety-five. The act creating the board of railroad commissioners provides that the persons constituting such board shall be chosen biennially by the legislative assembly, and “shall hold their offices for and during the term of two years, and until their successors áre elected…
1Opinion
On Rehearing.
[41 Pac. 655.]
Opinion by
Mr. Chief Justice Bean.
In his petition for a rehearing counsel for the defendant calls attention to the fact that he did not base his contention as to the effect of the act of eighteen hundred and ninety-one entirely upon the first section, but contended at the hearing that sections 9 and 72, as well as section 1, and, in fact, the whole act indicated an intention to cover the entire subject of elections, and, in effect, to provide for the election of all state officers by the people, and is *564therefore inconsistent with, and repeals by implication, that…
2Cases cited1 opinion
- City of Guthrie v. BeamerSupreme Court of Oklahoma · 1895